Town of Essex Animal Control By-law No. 1966
Essex, Ontario
· No. 1966
· summary & facts
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The Corporation of the Town of Essex
By-Law Number 1966
Being a by-law to regulate, license and
control animals within the municipal
boundaries of the Town of Essex
WHEREAS Section 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Act")
provides that a municipality may pass by-laws respecting the following matters:
© Environmental well-being of the municipality - Section 11(2)(5);
¢ Health, safety, and well-being of persons -- Section 11(2)(6); and
e Animals - Section 11(3)(9);
AND WHEREAS Section 103 of the Act provides that a municipality may pass a by-law to
provide for the seizure and impounding of animals being at large or trespassing and the sale
of impounded animals under certain conditions;
AND WHEREAS Section 105 of the Act provides that a municipality shall, upon the request of
the owner of the dog, hold a hearing on whether to exempt an owner in whole or in part from
muzzling requirements of a dog;
AND WHEREAS Section 391 of the Act enables a municipality to pass by-laws imposing fees
and charges on persons for services or activities provided or done by or on behalf of it:
AND WHEREAS the Council of The Corporation of the Town of Essex (the "Town of Essex")
deems it desirable to pass a by-law providing for a system of licensing and controlling of
certain animal species, regulating and prohibiting certain animal species, and prohibiting the
abandonment or disposal of animals and/or a litter of animals on private or other property,
including public property, within the Town of Essex;
AND WHEREAS the Council of the Town of Essex is desirous of ensuring that animals are kept
and treated in a humane manner and owners of animals provide good quality care to them;
AND WHEREAS the Council of the Town of Essex deems that the abandonment or disposal of
animals and/or a litter of animals on private and other property, including public property
within the Town of Essex without the express permission of the property owner represents an
undue burden on property owners and the municipality and is considered to be a gross
mistreatment of animals;
NOW THEREFORE be it resolved that the Council of The Corporation of the Town of Essex
hereby enacts as follows:
Part 1 - Interpretation
1.1 Short Title '
1.1.1 This By-Law may be cited as the "Animal Care and Control By-Law"
1.2 Definitions
1.2.1 "Animal" means any member of the animal kingdom other than a human;
1.2.2 "Animal Control Officer" means a Person appointed by Council or who has entered
into a contract with the Town of Essex to control Animals under this by-law and
includes any servants of such person;
1.2.3 "By-Law Enforcement Officer" means a municipal by-law enforcement officer
appointed by Council for the Town of Essex to enforce by-laws of the Town of Essex;
By-Law Number 1966 -- Animal Care and Control By-Law Page 1
1.24 "Cat" or "Domestic Cat" means a feline of the species Felis catus;
1.2.5 "Choke Collar', "Choke Chain", or "Prong Collar" means a Collar that tightens,
constricts or pinches an Animal's neck when tension is applied and may inflict pain or
discomfort on an Animal;
1.2.6 "Clerk" means the duly appointed Clerk of The Corporation of the Town of Essex or
his or her detegate.
1.2.7 "Collar" means a strap which is placed around an Animal's neck, to which a Leash,
restraining device or tag may be attached;
1.2.8 "Corporation" means The Corporation of the Town of Essex;
1.2.9 "Council" means the Council of The Corporation of the Town of Essex;
1.2.10 "Custody" means the protective care or guardianship of someone or something;
1.2.11 "Dog" or "Domestic Dog" means a canine of the species Canis familiaris;
1.2.12 "Dog Kennel" means a Premise, including outdoor areas, buildings, structures, or
shelters, or part thereof used or intended to be used for the purpose of breeding,
boarding, daycare, recreation, or housed for similar purposes, and includes all types
of kennels and dog daycare that are regulated under the Kennel Licensing By-Law
2221, as amended from time to time or replaced;
1.2.13 "Dog Pound" means the pound which is contracted by the Town of Essex to receive
stray Dogs captured by the Animal Control Officer;
1.2.14 "Dwelling Unit" means one or more habitable rooms designated and intended for
use as the home or residence of one or more Persons and has culinary and sanitary
facilities;
1.2.15 "Harbour" means to give shelter to;
1.2.16 "Herding Dog" means a Dog that has been trained and is actively being used in an
agricultural operation for the purposes of controlling Livestock on the farm;
1.2.17 "Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or
used by the general public for the passage of vehicles and includes the area between
the lateral property lines thereof;
1.2.18 "Household" is generally defined as being composed of a Person or group of
Persons who co-reside in, or occupy, a dwelling and may consist of a family group,
two or more families sharing a dwelling, a group of unrelated persons or a person
living alone;
1.2.19 "Impound" means to seize and take Custody of an Animal in a pound or shelter;
1.2.20 "Kennel" means a structure or shelter in which an Animal is kept;
1.2.21 "Keep" means, for the purposes of this By-Law, to have temporary or permanent
control or possession of an Animal.
1.2.22 "Leash" generally means a rope, chain or other restraining material that is attached
to a Collar or halter worn by an animal and that is capable of restraining the Animal
on which it is being used;
1.2.23 "Licence" means, for the purposes of this By-Law, a licence for a Dog in the form of a
dog tag, or a duly signed and completed registration form in the case of Prohibited
Animal Species issued by the Town of Essex;
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1.2.24 "Livestock" includes, but is not limited to:
a) ahorse, mule, ass, swine, emu, ostrich, llama, alpaca, sheep or goat;
b) domestically reared or kept deer, reindeer, moose, elk or bison;
c} farm bred fur bearing animals, including foxes or mink;
d) Animals of the bovine species;
e) Animals of the avian species, including chickens, turkeys, ducks, geese or
pheasant; and
f) all other Animals that are kept for agricultural purposes;
but does not include Cats, Dogs, or other domesticated household pets;
1.2.25 "Livestock Guardian Dog" means a Dog that works and/or lives with Livestock to
protect them while repelling predators and is used exclusively for that purpose.
1.2.26 "Municipal Act" means the Municipal Act, 2001, 5.0. 2001, c. 25, as amended, and
any regulations thereunder.
1.2.27 "Municipal Freedom of Information and Protection of Privacy Act" means the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M56,
as amended, and any regulations thereunder.
1.2.28 "Municipality" includes ail property located within the municipal boundaries of The
Corporation of the Town of Essex.
1.2.29 "Off Leash Area" means those areas designated and signed by the Town as an off
leash area where Dogs may exercise and play without a Leash in a controlled
environment under the supervision of their owner.
1.2.30 "Operate" means to perform a function;
1.2.31 "Own" means to Keep, Harbour, Possess or have Custody of an animal;
1.2.32 "Owner" means a person who keeps, Harbours, possesses or has Custody of an
Animal, and, in the case of a minor under the age of eighteen (18) years, owner
means the person responsible for the Custody of the minor;
1.2.33 "Person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent and the heirs, executors or legal representatives of the
person to whom the context can apply according to law;
1.2.34 "Police Officer" means a police officer of the Ontario Provincial Police or a police
officer any other police service having jurisdiction within the Town of Essex.
1.2.35 "Police Service" means the Ontario Provincial Police or any other police service
having jurisdiction within the Town of Essex.
1.2.36 "Police Working Dog" means a Dog trained for and engaged in law enforcement by
any federal, provincial or municipal government agency;
1.2.37 "Possess" means to have or own something;
1.2.38 "Possession" means the state of having, owning, or controlling something;
1.2.39 "Premises" includes a dwelling unit, a house or building and the land or premises on
which the building or house is situated or attached;
1.2.40 "Private Property" means, for the purposes of this By-Law, real property owned by
person(s) or individual(s) and which is located within the municipal boundaries of the
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Town of Essex but does not include property owned by a government or a
government agency, division or entity;
1.2.41 "Public Property" means, for the purposes of this By-Law, real Property owned bya
government or a government agency, division or entity and includes property
owned by the Town of Essex;
1.2.42 "Roadway" means the part of the highway that is improved, designed or ordinarily
used for vehicular traffic, but does not include the shoulder, and, where a highway
includes two or more separate roadways, the term "roadway" refers to any one
roadway separately and not to all of the roadways collectively;
1.2.43 "Run at Large" means, with reference to a Dog, to be elsewhere than on the
property of the person who keeps the Dog, or of a person who has care, custody and
control of the Dog, and not be under the physical charge and control of a responsible
Person by means of a Leash;
1.2.44 "Sanitary Condition" means a condition that does not result in an accumulation of
fecal matter, odour, insect infestation or rodent attractants which endanger the
health of any person or animal, or that would not disturb the enjoyment, comfort or
convenience of any person or that endangers or is likely to endanger the health of
any person or Animal;
1.2.45 "Service Dog" and "Service Animal" means a guide dog as defined in Section 1 of
the Blind Persons Rights' Act or other trained service animal for a person with a
disability. An Animal is a service animal for a person with a disability--
a) If itis readily apparent that the Animal is used by the person for the reasons
relating to his or her disability; or
b) If the person provides a letter from a physician or nurse confirming that the
person requires the Animal for reasons relating to the disability;
1.2.46 "Splash Pad" means an area for water play that is continuously drained and, as a
result, has little or no standing water with water typically dispersed by ground
nozzles and other types of water features that spray, mist, or dump water.
1.2.47 "Tethered" means, for the purposes of this By-Law, the fastening of a rope, chain,
cord or similar restraining device to an Animal's collar or halter so that the animal can
only range in an area limited to the length of such rope, chain, cord or similar
restraining device;
1.2.48 "Town" or "Town of Essex" means The Corporation of the Town of Essex or the
geographical area of the Town of Essex, as the context may suggest; and
1.2.49 "Unsanitary Condition" means a condition that results in an accumulation of fecal
matter, odour, insect infestation or rodent attractants which endanger the health of
any Person or Animal, or that would not disturb the enjoyment, comfort or
convenience of any person or that endangers or is likely to endanger the health of
any Person or Animal.
1.3 Headings
1.3.1 The headings contained in this By-Law are for convenience only and do not form part
of this By-Law,
1.4 Schedules
1.4.1 This By-Law includes the Schedules attached hereto and the Schedules are hereby
declared to form part of this By-Law.
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Part 2 - Scope of By-Law
2.1 Application
2.1.1 This By-Law applies throughout the Municipality with the following exceptions:
a) Ananimal pound or shelter that is as follows from i) to iii);
i) A registered not for profit charitable organization devoted to the
prevention of crueity to animals; or
ii) Is lawfully operated by the Ontario Society for the Prevention of Cruelty
to Animals or the Windsor/Essex County Humane Society; or
iii) Is apound or shelter operated by a municipality.
b) A Veterinary Hospital or Clinic which is operated and supervised by a
Veterinarian licensed to practice in the Province of Ontario, but does not
exclude animals kept as pets at the Veterinary Hospital or Clinic;
c) Premises registered as a research facility pursuant to the Animals for Research
Act, 8.5.0. 1990, c. A-22,as amended.
d) When emergency treatment is being administered to an injured or abandoned
animal while such animal is unable to fend for itself and provided that there is
no danger to any person or other animal;
e) Any Wildlife Rehabilitation Centre registered with the Ontario Ministry of
Natural Resources under the Fish and Wildlife Conservation Act, or
f) The Premises of an exhibit, public show or other display as permitted by
municipal by-law and other applicable federal or provincial legislation.
Part 3 ~ Licensing and Control of Dogs
3.1 Requirement to License Dogs
3.1.1 No Person shall own a Dog, including a Service Dog, Police Working Dog, or
Livestock Guardian Dog, over six months of age within the Town of Essex unless such
Dog has been Licensed with the Town of Essex in accordance with this By-Law and a
dog tag has been purchased.
3.1.2 Dogs shail be Licensed annually as of January 1 based on the licensing fees
prescribed in Schedule "A" attached hereto.
3.1.3. Aseparate Licence is required for each dog owned by a Person.
3.1.4 -- After March 31 in any given year, licensing fees shall increase in accordance with
Schedule "A" attached hereto,
3.1.5 Where a Dog becomes of licensable age after March 31 in any given year, the fee
shall be charged at the rate applicable for the period of January 1 to March 31 as
prescribed in Schedule "A" attached hereto, provided such Licence is purchased
within thirty (30) days of the dog becoming of licensable age.
3.1.6 | Where a Dog is purchased or adopted after March 31 in any given year, within thirty
(30) days of purchasing or adopting the Dog and upon providing proof of purchase
or adoption, the fee shall be charged at the fee applicable for the period of January 1
to March 31 as prescribed in Schedule "A" attached hereto.
3.1.7 Notwithstanding Sections 3.1.5 and 3.1.6 of this By-Law, the fee applicable to Dogs
which become of licensable age or a Dog which is purchased or adopted after March
31 in any given year shall be as prescribed in Schedule "A" attached hereto, provided
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such Licence is purchased within thirty (30) days of the Dog becoming of licensable
age or being purchased or adopted.
3.1.8 A Person who has a secondary residence in the Town of Essex and has purchased a
valid Dog Licence from the municipality in which their primary residence is located,
shall Licence their Dog with the Town of Essex based on the fees prescribed in
Schedule "A" attached hereto upon providing proof that their primary residence is
not located in the Town of Essex and proof as to the purchase of a valid Licence from
another municipality, with such proof to be to the satisfaction of the Clerk.
3.1.9 Notwithstanding Sections 3.1.5, 3.1.6, and 3.1.7 of this By-Law, where a Licence is not
purchased within thirty (30) days of:
a) ADog becoming of licensable age after March 31, referencing Section 3.1.5; or
b) ADog is purchased or adopted after March 31, referencing Section 3.1.6; or
c) ADog becomes of licensable age after March 31, or a Dog is purchased or
adopted after July 1
the Licence fee shall be charged at the rate in effect in the month that it was
purchased as prescribed in Schedule "A" attached hereto.
3.1.10 Personal information, as defined by the Municipal Freedom of Information and
Protection of Privacy At, is collected for purposes of obtaining a Dog Licence under
the authority of the Municipal Act and in accordance with the Municipal Freedom of
Information and Protection of Privacy Act, and may include:
a) Owner's name, address, and telephone number:
b) Breed, colour, and name of the Dog being Licensed; and
¢} Any other information deemed necessary by the Clerk.
3.2 Dog Tags
3.2.1 ADog Licence, in the form of a dog tag bearing a serial number, the words "Dog Tag"
and "Town of Essex", shall be issued by the Clerk or person(s) designated by the Clerk
for each Dog Licensed.
3.2.2 One dog tag shall be issued by the Clerk for the lifetime of the Dog and shall be
renewed annually as of January 1 for the lifetime of the Dog.
3.2.3. The Owner shall securely affix the dog tag to the Dog's Collar so that it will remain
with the Dog at all times during the year, except for Livestock Guardian Dogs and
Herding Dogs.
3.2.4 No Person shall put on or affix to a Dog a tag, unless the same is issued for such Dog.
3.2.5 Upon obtaining satisfactory evidence that a Dog is a Service Dog, Police Working
Dog, Livestock Guardian Dog, or Herding Dog, the Clerk shall issue a Dog Licence in
the form of a dog tag in accordance with the Licence fees prescribed in Schedule "A"
attached hereto.
3.2.6 No Person shall provide falsified evidence that a Dog is a Service Dog or Police
Working Dog or represent a Dog as a Livestock Guardian Dog when the Dog is not
used exclusively for that purpose.
3.2.7 Every Person who has been issued a dog tag by the Town of Essex shall purchase a
replacement dog tag if a dog tag is lost at the fee prescribed in Schedule "A"
attached hereto.
3.2.8 Licences issued under Part 3 of this By-Law are not transferrable.
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3.2.9 A dog tag issued by another municipality shall be recognized as a valid dog tag in
the Town of Essex in the year that a resident from another municipality moves to,
and becomes a resident of the Town of Essex, provided the dog tag issued by the
other municipality is valid for that year.
3.2.10 An Owner of a Dog, who fails to provide a proof of Licence for any preceding years of
ownership of a Dog for which the Dog resided in the Town, shall be required to pay a
fee prescribed in Schedule "A" attached hereto for each of these years prior to
obtaining a Licence for the current year.
3.3 Requirement to Report Information Related to a Licensed Dog
3.3.1 Every Person who owns a Licensed Dog shall advise the Town of Essex of the death
of the Licensed Dog within thirty (30) days of the dog's death.
3.3.2 Every Person who owns a Licensed Dog shall advise the Town of Essex of the moving
of a Licensed Dog to a new address or transfer of the Dog to a new Owner within
thirty (30) days of the move to transfer,
3.4 Number of Dogs
3.4.1 No Person or Household shall own in excess of three (3) Dogs at any one time.
34.2 Section 3.4.1 of this By-Law does not apply in cases where a Person or Household is
temporarily fostering Dogs for one of the following organizations and can provide a
copy of the foster agreement with the relevant organization:
a) Aregistered not for profit charitable organization devoted to the prevention of
cruelty to animals; or
b) Ananimal shelter that Is lawfully operated by the Ontario Society for the
Prevention of Cruelty to Animals or an affiliated society; or
c) The Lakeshore Dog Pound; or
d) The Kingsville Dog Pound; or
e) The Windsor/Essex County Humane Society.
3.4.3 Section 3.4.1 of this By-Law shall not apply to a Person who owns, operates, or keeps
a Dog Kennel for which a Kennel Licence has been issued by the Town of Essex.
3.4.4 -- Section 3.4.1 of this By-Law shall not apply to a Person who owns or operates a pet
shop or pet store.
3.4.5 Notwithstanding Section 3.4.1 of this By-Law, if a Dog has a litter, the Owner shall,
within six (6) months of the birth of the litter, take the necessary steps to comply with
Section 3.4.1 of this By-Law.
3.4.6 Notwithstanding Section 3.4.2 of this By-Law, no Person shall foster a Dog for a
period exceeding ninety (90) days.
3.4.7 Notwithstanding Section 3.4.2 of this By-Law, no Person or Household shall foster
more than three (3) dogs at any one time without providing proof that the Persons
abutting the property on all sides of the Property where the Dogs are being fostered,
consent in writing to such fostering activities.
3.5 Persistent Barking
3.5.1 The persistent barking, calling, or whining by a domestic Animal is regulated by the
Noise Control By-Law 2038, as amended from time to time or replaced.
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3.6 Control of Dogs within the Town of Essex
3.6.1 | No Owner of a Dog shall permit a Dog to Run at Large within the Town of Essex.
3.6.2 Every Dog which is found in the Town of Essex off the Premises on which it is usually
kept, with or without a dog tag, and not being under the physical charge and control
of a responsible person by means of a Leash, may be seized, and impounded by the
Animal Control Officer and delivered to the Dog Pound.
3.6.3. A Dog which has been impounded at the Dog Pound will be sold, euthanized, or
disposed of in accordance with the Animals for Research Act if not claimed from the
Dog Pound by the Owner thereof within three (3) days, excluding holidays, following
the day on which the dog was impounded.
3.6.4 Where a Dog is claimed from the Dog Pound, the Dog Pound shall release the Dog to
the Owner only upon receipt of:
a) Proof that the claimant owns the Dog;
b) Proof that the Dog is Licensed by the Town in which the Dog resides; and
c) Proof of payment of all fees, fines, and veterinary expenses incurred with
respect to the Dog.
3.6.5 No Person shail keep a Dog off the Premises of the Owner unless such Dogisona
Leash which shall not exceed two (2) metres in length.
3.6.6 Notwithstanding Section 3.6.5 of this By-Law, when a Person is legally hunting
wildlife, that Person may keep a Dog under physical control by means other than a
Leash during such hunting activities.
3.6.7. Notwithstanding Sections 3.6.1, 3.6.2, and 3.6.5 of this By-Law, the Owner of a Dog is
permitted to have a Dog off-leash in an Off Leash Area, approved by the Town, that
permits Dogs to be kept off-leash, providing that a Person is in control of such Dog
and shall keep the Dog in sight and under voice control at all times, and shall
promptly Leash such Dog when confrontations with humans or other Dogs develop.
3.7 Dogs in Prohibited Areas
3.7.1 No Owner of a Dog shall allow such Dog to enter onto a Splash Pad unless such Dog
is acting as a Service Dog for a person with a disability who is on the Splash Pad.
Part 4 - Dangerous Dogs
4.1 Part 4 Definitions
4.1.1 The following definitions are specific to Part 4 of this By-Law:
a) "Appeals Committee" means the committee to which Council has delegated
the authority and responsibility to conduct hearings with respect to muzzling
requirements for a Dog;
b) "Bite" (noun) means a wound received from the mouth and, in particular, the
teeth of an Animal, which may result in abrasions, cuts, punctures, tearing of
the skin or bruising;
c) "Bite" (verb) or "Bitten" means to:
i) cut, puncture, wound, tear or bruise with teeth;
ii) to sever with teeth; or
iii) to grip with teeth;
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d) "Dangerous Dog" means a Dog, which has, without provocation, regardless of
age and whether on Private Property or Public Property:
i) injured, attacked, bitten or killed a Person or a domestic Animal;
ii) | damaged or destroyed any Public Property or Private Property; or
iii) | been declared dangerous or vicious in another municipality in Ontario;
e) "Muzzle" means a humane fastening or covering device made of metal,
plastic, leather, or a combination of these materials, that does not interfere
with the breathing, panting, ability to drink or vision of the Dog when fitted
and fastened over the Dog's mouth, but that is of sufficient strength to prevent
the Dog from Biting;
f) "Notice to Muzzle" means a notice issued by the Animal Control Officer, By-
Law Enforcement Officer, or Police Officer, to the Owner of a Dangerous Dog
requiring that the Dangerous Dog be Muzzled and Restrained pursuant to the
provisions of this By-Law;
g) "Restrained" means being kept inside a building or house or in an enclosed
pen of sufficient dimension and strength to be humane and to prevent a dog
from coming into contact with Persons, other than the Owner of the dog, or
any other domestic Animal or within a securely fenced yard where the fence is
a minimum height of 1.83 metres. The enclosed pen or the fenced yard shall be
equipped with a locking device and self-latching device. The self-latching
device shall be designed in such a manner that the pen or gate cannot be
opened from the outside;
h) "Victim" means, for the purposes of this By-Law, the Person or domestic
Animal who is injured, attacked, Bitten, or killed as a result of the Dog that has
been declared dangerous;
i) "Without Provocation" means that the Dog has not been incited or induced
to behave aggressively because:
i) the Dog was acting in defense of an attack on itself by a Person or
another domestic Animal;
ii) the Dog was acting in defense of its offspring or reacting to a Person or
domestic Animal trespassing on the property of its Owner; or
iii) the Dog was being, tased, provoked, or tormented;
j) "Witness" means a Person who has, claims to have, or is thought, by someone
with authority to compel testimony, to have knowledge relevant to an event or
other matter of interest, and includes the Victim.
4.2 Exceptions to Part 4
4,2.1 Part 4 of this By-Law does not apply to Police Working Dogs and Livestock Guardian
Dogs, as defined herein.
4.3 Control of Dangerous Dogs
43.1 No Owner of a Dog shall permit such Dog to injure, attack, Bite, or kill, Without
Provocation, a Person or domestic Animal.
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4.4 Declaration Regarding a Dangerous Dog
4.4.1 Incidents involving a Dangerous Dog shall be reported within forty-eight (48) hours
of the occurrence of the incident to the Animal Control Officer for the Town or the
Police Service having jurisdiction within the Town.
4.4.2 At the time of reporting an incident and if reported to the Police Service, the
individual reporting the incident shall be required to obtain the name and badge
number of the investigating officer(s) for purposes of completing a Declaration
Regarding a Dangerous Dog in accordance with Section 4.4.3 of this By-Law.
4.4.3 ADeclaration Regarding a Dangerous Dog shall be completed by the Animal Control
Officer or the Police Officer investigating the incident in the form prescribed by the
Clerk and shall include, but is not limited to, the following information:
a) Name of the Owner of the Dangerous Dog;
b} Name, address, and telephone number of the Victim or the Witness to the
incident involving the Dangerous Dog;
¢) Description of the Dangerous Dog, including breed, age and sex, if known,
colour, and other distinguishing features of the Dog;
d) The municipal dog tag number and rabies tag available, if available;
e) Date and time of incident, location where the incident occurred and
description of the incident;
f) Name of other Witnesses and agencies involved, if applicable; and
g) Signature of Witness or Victim.
44.4 -- The Witness shall provide any additional evidence related to the incident to the
Animal Control Officer or the Police Officer investigating the incident when the
Declaration is completed and signed by the Witness:
a) Pictures of the injury or damage caused by a Dog, with date and time stamp
noted on the picture;
b) Picture of the Dog;
¢) Information regarding treatment required from a Person in the medical
profession; and
d} Any other information deemed to be pertinent to the incident.
4.5 Power to Declare a Dangerous Dog
4.5.1 Upon receipt of a signed Declaration Regarding a Dangerous Dog that has been
attested to by a Witness who actually saw the alleged Dangerous Dog injure, attack,
Bite, or kill a Person or domestic Animal, the Animal Control Officer or By-Law
Enforcement Officer shall be empowered to declare the dog a Dangerous Dog.
4.6 Notice to Muzzle
4.6.1 Within two (2) business days of receipt of a duly executed Declaration Regarding a
Dangerous Dog, the Animal Control Officer or By-Law Enforcement Officer shall hand
deliver or send by registered mail to the last known address of the Owner of the dog,
a Notice to Muzzle to the owner of the Dangerous Dog requiring that the Dangerous
Dog be Muzzled and Restrained pursuant to the provisions of this By-Law.
4.6.2 Upon serving the Notice to Muzzle, the Animal Control Officer or By-Law
Enforcement Officer shall attest to the date and time of serving the notice on the
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Notice to Muzzle and sign the notice confirming service. At the time of serving the
Notice to Muzzle, the Owner of the dog will be provided with a signed copy of the
Notice to Muzzle, and a copy of the relevant By-Law related to Dangerous Dogs. One
original signed copy of the Notice to Muzzle will be provided to the Clerk.
4.6.3 The Notice to Muzzle will be deemed to have been served on the day it was hand
delivered to the Owner or within three (3) business days of the date it was sent by
registered mail.
4,7 Appeal Hearing with Respect to the Issuance of a Notice to Muzzle
4.7.1. Where an Owner of a Dog has been served with a Notice to Muzzle pursuant to the
provisions of this By-Law, the Owner of the Dog may apply for a hearing in respect of
such Notice to Muzzle.
4.7.2 Anapplication for a hearing under Section 4.7.1 of the By-Law shall be made by the
Owner of the Dog, and such application shall be in writing, clearly state the reasons
for the appeal and be delivered to the Clerk within thirty (30) days after the Notice to
Muzzle has been served.
4.7.3 Upon receipt of the application for a hearing from an Owner of a Dog that has been
declared dangerous the Clerk shall convene a meeting of the Appeals Committee
and shall give the Owner of the Dog and the Victim and/or Person who witnessed
the Dangerous Dog injure, attack, Bite, or kill a Person or domestic Animal, ten (10)
days written notice by hand delivery, email or registered mail of the time, date, and
location of the hearing.
4.74 The Owner of the Dog that has been declared dangerous, the Victim and/or Witness
and any other interested Person may appear at the hearing to present oral or written
evidence relating to the Dog.
4.7.5 The Owner of the Dangerous Dog and the Person who witnessed the Dangerous Dog
shall provide any written or pictorial evidence to be presented at the hearing to the
Clerk three (3) days prior to the hearing by 12:00:00 p.m.
4.7.6 Any evidence so provided to the Clerk in accordance with Section 4.7.5 shall be
delivered to the members of the Appeals Committee, the Owner of the Dangerous
Dog, the Victim and/or the Person who witnessed the Dangerous Dog by the Clerk
forty-eight (48) hours prior to the hearing.
4.7.7. | When the Owner of the Dog that has been declared dangerous does not attend the
hearing at the proper place and time, the Appeals Committee may proceed with the
hearing in his or her absence, and the Owner of the dog that has been declared a
Dangerous Dog shall not be entitled to any further notice of the proceeding.
47.8 The Appeals Committee shall deliberate the merits of the evidence presented and
shall render its decision at the meeting or shall reserve its decision to be presented
later, which shall not be later than ten (10) days following the date of the hearing.
4.7.9 Adecision of the Appeals Committee may confirm that the dog is dangerous and the
Notice to Muzzle is binding on the Owner or may exempt the Owner of the dog from
the muzzling, restraining or leashing requirements.
4.7.10 If the parties to the hearing consent, the hearing may be disposed of by a decision of
the Appeals Committee without a hearing.
4.7.11 The decision of the Appeals Committee shall be final and binding.
By-Law Number 1966 - Animal Care and Control By-Law Page 11
4.7.12 The notice of the hearing or any matter which arises related to the proceedings of
the Appeals Committee not covered in the provisions of this By-Law shall be
governed by the Statutory Powers Procedure Act, R.S.O. 1990, c. $.22,as amended,
4.7.13 Notwithstanding that an Owner of the Dog that has been declared dangerous has
applied for a hearing to appeal the Notice to Muzzle, the Notice to Muzzle shall take
effect on the day that it is served or deemed to be served, in accordance with
Subsection 4.6.2, on the Owner of the Dog and the Notice to Muzzle shall remain in
effect until the Appeals Committee has made its decision on the appeal.
4.7.14 Awritten copy of the decision of the Appeals Committee shall be prepared by the
Clerk as soon as is practicable after the conclusion of the hearing and shall be hand
delivered or sent by registered mail to all parties to the hearing.
4.8 Requirements of Dog Owner -- Notice to Muzzle
4.8.1 Every Person who owns a Dog for which a Notice to Muzzle has been served shall:
a) Immediately upon being served a Notice to Muzzle, keep the Dangerous Dog
Restrained at all times when the Dangerous Dog is on the property of the
Owner in accordance with the definition of "restrained" as outlined in Section
4.1.1 -- Part 4 Definitions of this By-Law;
b) Immediately upon being served a Notice to Muzzle, when the Dangerous Dog
is off the property of the Owner:
i) keep the Dog securely on a Leash attached to a Dog Collar or halter
with such Leash to be a maximum length of one and one-half (1-1/2)
metres and of sufficient strength to restrain the Dog and keep it from
chasing a Person or domestic Animal;
li) Muzzle the Dog; and
ii) ensure the Dog is under the control of a Person eighteen (18) years of
age or older;
c) Within three (3) business days after being served a Notice to Muzzle, pay to the
Town of Essex the additional Licence fee for Dangerous Dogs as prescribed in
Schedule "A" attached hereto;
d) Notify the Clerk in writing within forty-eight (48) hours of any changes to the
residency of the Dangerous Dog;
e) Notify the Clerk in writing within forty-eight (48) hours after the Ownership of
the Dangerous Dog is transferred to another Person;
f} Notify the Clerk in writing within forty-eight (48) hours of the death or
euthanasia of a Dangerous Dog and provide proof of such death or euthanasia;
g) Within three business days of being served a Notice to Muzzle, provide proof of
personal liability insurance in the amount of not less than two million dollars
($2,000,000.00) with such insurance policy being endorsed to provide that the
policy will not be altered, cancelled or allowed to lapse without providing thirty
(30) days written notice to the Clerk of the Town of Essex;
h) Within three (3) business days of being served a Notice to Muzzle, place
signage on the property of the dog owner's that clearly warns people of the
Dangerous Dog;
i) The Owner of a Dangerous Dog shall be prohibited from allowing such
Dangerous Dog to enter a designated Off Leash Area, that is so designated by
signage and permits Dogs to be kept off-leash; and
By-Law Number 1966 -- Animal Care and Control By-Law Page 12
j) Ensure that at all times the Dangerous Dog is wearing the red dog tag supplied
by the Town of Essex bearing the words "Town of Essex Dangerous Dog'.
4.9 Appeal Hearing with Respect to Suspension of a Notice to Muzzle
4.9.1 One year following the issuance of a Notice to Muzzle and upon obtaining proof that
the Dangerous Dog has been rehabilitated, the Owner of a Dangerous Dog may
make appeal for the suspension of the Notice to Muzzle.
4.9.2 An application with respect to the suspension of a Notice to Muzzle under Section
4.9.1 of this By-Law shall be made to the Clerk, in writing, by the Owner of the
Dangerous Dog, and shall include proof that the appropriate steps have been taken
to address the situation that led to the Dog being declared dangerous.
4.9.3 Upon receipt of the application with respect to the suspension of a Notice to Muzzle
from an Owner of a Dog that has been declared dangerous, the Clerk shall forward
the application including any evidence so provided to the Animal Control Officer
who may, if satisfied that the Dangerous Dog has been rehabilitated and after
consultation with the Clerk, suspend the Notice to Muzzle.
4.9.4 A joint decision of the Animal Control Officer and Clerk may confirm that the Dog is
dangerous and the Notice to Muzzle is binding on the Owner or may suspend the
Notice to Muzzle which was previously issued, thereby exempting the Owner of the
Dog from the Muzzling, Restraining or Leashing requirements.
4.9.5 The joint decision of the Animal Control Officer and Clerk shall be final and binding.
4.9.6 Awritten copy of the decision shail be prepared by the Clerk as soon as is practicable
after the decision is issued and shall be hand delivered or sent by registered mail to
the Owner of the Dog that has been declared dangerous at the address shown on
their Application and other individuals as may be designated by the Clerk.
Part 5 - Dog Kennels
5.1 Kennel Licensing
5.1.1 All types of Dog Kennels and Dog Daycare are licensed and regulated under the
Kennel Licensing By-Law Number 2221, as amended from time to time or replaced.
Part 6 - Keeping of Pets
6.1 Part 6 Definitions
6.1.1 The following definition is specific to Part 6 of this By-Law:
a) "Kept Outdoors", for the purposes of this By-Law, means a Dog that is kept in
outdoor containment for a continuous period exceeding sixty (60) minutes,
without direct outdoor presence and supervision by its Owner or custodian;
b} "Treated Humanely" means that Animals are treated in a manner that is
characterized by tenderness, compassion, and sympathy so as not to cause
physical injury, suffering or distress, including mental distress, to an Animal.
6.2 Responsibility to Care for Animals
6.2.1 Every Person who Owns or has Custody of an Animal within the Town of Essex shall
ensure such Animal is Treated Humanely and is provided with:
a) acleanand sanitary environment free from an accumulation of fecal matter;
b) ashelter that is waterproof and that protects it from exposure to the elements;
c) ashelter for the Animal that is adequate and appropriate for its size and breed:
By-Law Number 1966 - Animal Care and Control By-Law Page 13
d) adequate and appropriate care, food, water, shelter, exercise, attention,
veterinary care, and opportunity for physical activity as may be required to
meet the needs of the species.
6.3 Keeping Animals in Unsanitary Conditions
6.3.1 No Person shal! keep an Animal within the Town of Essex in an Unsanitary Condition.
6.4 Tethers
6.4.1 No Person shall keep an Animal tethered on a rope, chain, cord, or similar restraining
device unless:
a) The tether is of appropriate length for the species tethered;
b) The Animal has unrestricted movement within the range of such tether;
c) The Animal is not tethered for longer than four (4) hours per day;
d) The Animal has access to water, food and shelter while tethered; and
e) The Animal cannot injure itself as a result of the tethering.
6.4.2 Notwithstanding Section 6.4.1 of this By-Law, in the case of Dogs, the tether shall be
a minimum of three (3) metres in length, provided the tether does not permit the
Animal to go beyond the limits of the Dog Owner's property.
6.4.3. Notwithstanding Section 6.4.1 of this By-Law, no Person shall keep an Animal where
a Choke Collar, a Choke Chain, or a Prong Collar forms part of the tether or a rope,
chain, cord, or similar restraining device is tied directly around the Animal's neck.
6.5 Animats in Vehicles
6.5.1 No Person shall allow an Animal to be outside of the passenger cab of a motor
vehicle on a Roadway, regardless of whether the motor vehicle is moving or parked.
6.5.2 Notwithstanding Section 6.5.1 of this By-Law, a Person may allow an Animal to be
outside the passenger cab of a motor vehicle, including riding in the back of a pick
up truck or flat bed truck, if the Animal is:
a) Ina fully enclosed trailer;
b) In atopper enclosing the bed area of a truck;
c) Contained ina ventilated Kennel or similar device securely fastened to the bed
of the truck; or
d) Securely tethered in such a manner that it is not standing on bare metal,
cannot jump or be thrown from the vehicle, is not in danger of strangulation
and cannot reach beyond the outside edges of the vehicle.
6.5.3. The Owner of an Animal shall not leave an Animal unattended in a motor vehicle if
the weather conditions are not suitable for containment of an Animal.
6.5.4 A Police Officer who has reasonable grounds to believe than an Animal left
unattended in a motor vehicle is in imminent physical danger may take steps to
remove the Animal from the vehicle and shall not be held liable for any damage to
the vehicle by so doing.
6.6 Standards of Care for Dogs that Live Outdoors
6.6.1. An Owner of a Dog Kept Outdoors must provide the Dog with:
a) Sufficient protection from the elements to prevent the Dog from experiencing
heat or cold-related distress; and
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b) Access to sufficient shade as may be required by the weather conditions,
including sufficient shade to protect the Dog from direct sunlight.
6.6.2. An Owner of a Dog Kept Outdoors must ensure the food and water containers used
are constructed to avoid injury to the Dog and to avoid difficulty for the Dog in
accessing food or water.
6.6.3. An Owner of a Dog Kept Outdoors must provide the Dog food that:
a) reflects the Dog's daily caloric and other nutritional requirements;
b) _ is fit for consumption;
c) is not spoiled; and
d)} doesnot contain dirt, feces, urine, or toxic substances.
6.6.4 An Owner of a Dog Kept Outdoors must provide continuous access to water that:
a) is replaced at least once every twenty-four (24) hours;
b) is not frozen; and
c) does not contain dirt, feces, urine, or toxic substances.
6.6.5 An Owner or custodian of a Dog Kept Outdoors must ensure that the health and
welfare of the Dog is checked daily.
6.6.6 An Owner of a Dog Kept Outdoors must ensure the Dog is groomed as necessary to
avoid matting of the Dog's coat and the accumulation of ice or mud on the Dog's
coat or under the Dog's paws.
6.6.7. An Owner of a Dog Kept Outdoors must ensure the nails of a Dog kept outdoors
must be checked regularly and groomed as necessary for the health of the Dog.
6.6.8 A Dog shall not be Kept Outdoors if it has an illness or injury that affects the Dog's
ability to regulate its temperature or restricts its mobility, unless a veterinarian
advises, in writing, that it may be kept outdoors.
6.6.9 -- If the Owner or custodian of a Dog Kept Outdoors has grounds to believe the Dog is
suffering from a contagious disease or is at high risk of developing a contagious
disease, the Dog must be kept completely isolated from other Dogs and must not
have contact with objects, including food and water containers, that are used by
other Dogs or Animals.
6.6.10 Section 6.6.9 of this By-Law does not apply to the extent that a veterinarian advises
that compliance with these requirements in unnecessary.
6.6.11 Notwithstanding Section 6.6.9 of this By-Law, puppies do not need to be isolated
from their mother or substitute mother if they are less than twelve (12) weeks old.
6.6.12 Notwithstanding Section 6.6.9 of this By-Law, a Dog does not have to be isolated
from other Dogs that either suffer from the same contagious disease or are at high
risk of developing the same contagious disease, and the Dog does not have to be
prevented from having contact with objects used by those other Dogs.
6.6.13 An Owner of a Dog that is Kept Outdoors must, at all times, provide the Dog with
ready access to shelter that:
a) is waterproof and provides protection from the elements;
b) is structurally sound, stable, and free of features or objects that might cause
injury to the Dog;
c) has aninsulated roof;
By-Law Number 1966 - Animal Care and Control By-Law Page 15
d) has a floor that is level, elevated from the ground, and dry;
e) has a means of providing ventilation, which may include an open doorway;
f) is of a size and design that permits all of the Dogs that regularly use the shelter
to turn around, lie down with their legs extended to their full extent and stand
with their heads at a normal height when all of the Dogs are occupying the
shelter at the same time;
g) has a doorway that is free from obstructions; and
h) contains bedding that is at least three (3) inches thick and is changed as
frequently as necessary to ensure that the bedding remains comfortable and
substantially clean, dry, and unsoiled.
6.6.14 Section 6.6.13 of this By-Law does not apply to a Livestock Guardian Dog ora
Herding Dog that has ready access to a structurally sound building that, at the time,
is being used to house Livestock.
6.6.15 A Dog that is Kept Outdoors may only be kept in a housing pen if the housing pen is
constructed so that it prevents the Dog from escaping and provides reasonable
protection from predatory Animals or other Animals that may harm the Dog.
6.6.16 The size of a housing pen for a Dog that is Kept Outdoors must meet the following
requirements:
a) If the Dog is under twenty (20) centimeters in height, the total area of the
housing pen must be at least four (4) square metres;
b} if the Dog is equal to or greater than twenty (20) centimeters in height but
under forty (40) centimeters in height, the total area of the housing pen must
be at least six (6) square metres;
c) If the Dog is equal to or greater than forty (40) centimeters in height, the total
area of the housing pen must be at least fifteen (15) square metres.
6.6.17 For the purposes of Section 6.6.16 of this By-Law, a Dog's height shall be determined
by measuring the height of the Dog at its shoulder when it is standing at full height.
6.6.18 If more than one Dog is kept in a housing pen, the housing pen must provide at least
the space required by Section 6.6.16 of this By-Law for the tallest Dog kept in the
housing pen, plus a minimum of at least 1.5 additional square metres of space for
every additional Dog that is kept in the housing pen.
6.6.19 Despite Section 6.6.18 of this By-Law, 1.5 additional square metres of space is not
required for every additional dog that is Jess than twelve (12) weeks old and that is
kept with its mother or substitute mother.
6.6.20 If more than one Dog is Kept Outdoors in the same housing pen, the Owner or
custodian of the Dogs must ensure that:
a) Dogs exhibiting aggression to other Dogs are not placed with incompatible
Dogs; and
b) A female Dog that is in heat or coming into heat is not placed with a male Dog.
6.6.21 Despite Section 6.6.20 of this By-Law, a female Dog that is in heat or coming into
heat may be placed in a housing pen with a male Dog solely for the time required for
them to mate if the Dogs are in the physical presence of the Owner or custodian of
one or more of the Dogs and that Person is monitoring the safety of the Dogs.
By-Law Number 1966 -- Animal Care and Control! By-Law Page 16
6.6.22 An Owner of a Dog Kept Outdoors that is placed in a housing pen must ensure the
area available to a Dog is:
a) Is sufficient to ensure that the Dog can move freely and engage in natural
behaviours;
b) Is sufficient to ensure that the Dog is not required to stand, sit or lie down in
excrement, urine, mud or water;
c) Has distinct areas for both feeding and drinking, and urinating and defecating;
and
d} Is cleaned as frequently as necessary to prevent an accumulation of excrement,
urine or other waste that would pose a risk to the Dog's health, maintain a
sanitary environment, minimize the presence of parasites and ensuring the
health of the Dog, using cleaning products that do not pose a risk to the Dog.
Part 7 -- Prohibited Animal Species
7.1 Part 7 Definitions
7.1.1 The following definition is specific to Part 7 of this By-Law:
a) "Cause to be Sold", for the purposes of this By-Law, means a result, action or
condition that causes a Prohibited Animal Species to be sold or made available
for sale in the Town of Essex;
b) "Disposed of" means the action of doing away with or destroying in a humane
manner a Prohibited Animal Species;
c) "Ecosystem" means a community of plants, Animals and smaller organisms
that live, feed, reproduce and interact in the same area or environment;
d) "Medically Significant" refers to venom or Poison that causes severe illness,
permanent or temporary tissue and/or nerve damage, blood pressure
irregularities and possible death in humans and domestic Animals;
e) "Poison" refers to substances that cause disturbances to organisms when a
sufficient quantity is absorbed by an organism;
f) "Poisonous", with specific reference to "Poisonous Animals", means Animals
that possess toxins that are dispersed in their body tissues and which are
activated when the Animal is ingested;
g) "Prohibited Animal Species" shall include, for the purposes of this By-Law,
Animals that:
i) are Venomous or Poisonous and whose venom or poison is Medically
Significant to humans or domestic Animals;
ii) pose a real or potentially hazardous threat to humans, domestic
Animals or farm Animals;
iii) pose areal or potentially hazardous threat to the local Ecosystem;
iv) are cited in the Control List as published by the Canadian Wildlife
Service of Environment Canada;
v) are listed in Schedule "B" of this By-Law attached hereto, which list may
be revised from time to time; and/or
vi) are prohibited or controlled by federal or provincial legislation;
but does not include bees as defined by the Bees Act RS.O. 1990. c. BE:
By-Law Number 1966 - Animal Care and Control By-Law Page 17
h) "Sell", for the purposes of this By-Law, shail include the exchange of a
Prohibited Animal Species for an amount of money or its equivalent;
i) "Transfer Ownership", for the purposes of this By-Law, means the transfer of a
Prohibited Animal Species from one owner to another owner;
j) "Venom" refers to any variety of toxins used by certain types of Animals to
inject their victims; and
k) "Venomous", with specific reference to "Venomous Animals", means any
Animals that inject their victims with toxin by means of a bite, sting, or other
sharp body feature.
7.2 Prohibited Animal Species
7.2.1. No Person shall Own, Sell, or Cause to be Sold, or Transfer Ownership of a Prohibited
Animal Species within the Town of Essex.
7.2.2. Notwithstanding Section 7.2.1 of this By-Law, any Person who, on the date of the
passage of By-Law Number 1149 on December 3, 2012, was lawfully keeping a
Prohibited Animal Species as defined in this By-Law may keep that Animal until the
Animal has died or has otherwise been Disposed of.
7.2.3. No Person shall transport a Prohibited Animal Species within the Town of Essex
except where Section 7.2.2 of this By-Law applies.
7.24 No Person shall allow or permit a Prohibited Animal Species to run at large within the
Town of Essex.
7.3 Registration and Keeping of Prohibited Animal Species
7.3.1. No Person shall Possess or Harbour a Prohibited Animal Species in accordance with
Section 7.2.2 of this By-Law without registering such Prohibited Animal Species with
the Clerk of the Town of Essex within thirty (30) days of the date that By-Law Number
1149 came into effect, and annually thereafter, and shall pay such licence fees
annually as set forth in Schedule "A" attached to this By-Law.
7.3.2. Persons who registered Prohibited Animal Species in accordance with Section 7.3.1
of this By-Law shall register their Prohibited Animal Species annually thereafter on or
before the anniversary date on which the Prohibited Animal Species was registered.
7.3.3 Personal information, as defined by the Municipal Freedom of Information and
Protection of Privacy Act, is collected for purposes of registering a Prohibited Animal
Species, in accordance with Section 7.3.1 of this By-Law under the authority of the
Municipal Act and in accordance with the Municipal Freedom of Information and
Protection of Privacy Act and may include:
a) Owner's name, address and telephone number;
b) Species, colour, weight, length and name of the Prohibited Animal Species;
c) Any other information deemed necessary by the Clerk.
Part 8 - Livestock
8.1 Control of Livestock within the Town of Essex
8.1.1 No Owner of Livestock shall allow or permit their Livestock to run at large within the
Town of Essex.
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8.2 Livestock Deemed to be Running at Large
8.2.1 For the purposes of Part 8 of this By-Law, Livestock shall be deemed to be running at
large if found in any place other than the Premises of the Owner of the Livestock and
not under the control of any Person.
8.3 Liability for Damages
8.3.1 The Owner of any Livestock found running at large shall be liable for all damages
caused by such Livestock running at large and for any expenses incurred by the
Town in responding to Livestock running at large.
Part 9 - Abandonment or Disposal of Live Animals
9.1 Part 9 Definitions
9.1.1 The following definition is specific to Part 9 of this By-Law:
a) "Abandon", for the purposes of Part 9 of this By-Law, means the surrender,
relinquishment or cession of live Animals and/or Litters of Animals with the
intention of not reclaiming them, but does not include returning a feral cat to
the location it was previously trapped for the purposes of a Trap-Neuter-
Release (TNR) program authorized by the Town;
b) "Dispose" means the action or process of throwing away or getting rid of live
Animals and/or Litters of Animals on a property;
c) "Express Approval" or "Express Permission", for the purposes of this By-Law,
means permission provided in writing by the property owner permitting an
individual or Person to Abandon or Dispose of live Animals and/or a Litter of
Animals on the Property Owner's property;
d) "Highway Traffic Act" means the Highway Traffic Act, R.S.0. 1990, c. H& as
amended, and the regulations thereunder;
e) "Licence Plate" means the numbered plate issued by the Ontario Ministry of
Transportation, or other regulatory authority if the Vehicle is registered outside
of the Province of Ontario, that shows the number of the permit issued for a
Vehicle in accordance with the Highway Traffic Act;
f) "Licence Plate Number" means the unique number displayed on a Licence
Plate issued by the Ontario Ministry of Transportation, or other regulatory
authority if the Vehicle is registered outside of the Province of Ontario, and
which may consist of numbers or letters or a combination thereof;
g) "Licence Plate Owner" means the Person or individual registered as the owner
of a Vehicle Licence Plate with the Ontario Ministry of Transportation, or other
regulatory authority if the Vehicle is registered outside of the Province of
Ontario, who may be a different Person than the Person named on the Motor
Vehicle Permit of the Vehicle bearing a Licence Plate;
h) "Litter of Animals" means the Offspring of one birth of an Animal;
i) "Motor Vehicle Permit" means a permit issued by the Ontario Ministry of
Transportation, or other regulatory authority if the Vehicle is registered outside
of the Province of Ontario, which indicates the registered owner of a Vehicle;
}) "Offspring" means the product of reproduction that results in Animal(s)
produced by one or more parents;
By-Law Number 1966 ~ Animal Care and Control By-Law Page 19
k) "Property Owner", for the purposes of this By-Law, means the registered
owner of the real property and shall include family members or a tenant of the
property who may be residing at such property; and
l) "Vehicle" or "Motor Vehicle" includes an automobile or any other device for
the transportation of Persons or goods propelled or driven otherwise than by
muscular power, but does not include the cars of electric or steam railways or
other motor vehicles running only upon rails, or a motorized snow vehicle,
traction engine, farm tractor, self-propelled implement of husbandry or rad
building machine within the meaning of the Highway Traffic Act.
9.2 Scope of Part 9
9.2.1 Part 9 of this By-Law applies to all Persons, without exception, regardless of where
they reside.
9.3 Abandonment and Disposal of Live Animals and/or Litters of Animals
9.3.1 | No Person shall Abandon or Dispose of a tive Animal and/or a Litter of Animals on
any property within the Town of Essex.
9.4 Responsibilities of Licence Plate Owners
9.4.1 Under Part 9 of this By-Law, the Licence Plate Owner is deemed to have full and
complete responsibility for the use of its Vehicle for the purposes of contravening
Part 9 of this By-Law regardless of the Person or individual who is operating the
Vehicle at the time of the offence.
9.5 Reporting the Abandonment or Disposal of Animals and/or Litters of
Animals
9.5.1 The prohibited Abandonment or Disposal of live Animals and/or Litters of Animals
shall be reported to the By-Law Enforcement Officer during the regular business
hours of the Town of Essex or by contacting the Police Service.
9.5.2 Information to be reported to the By-Law Enforcement Officer or the Police Service
by the Property Owner shall include, at a minimum, the following:
a) Date and time of the Abandonment or Disposal;
b) The Licence Plate Number of the Vehicle responsible for Abandoning or
Disposing of the live Animal{s) and/or Litter(s) of Animal(s); and
c) Adescription of the Vehicle responsible for Abandoning or Disposing of the
live Animal(s) and/or Litter(s) of Animal(s), which may include information on
the make, model or colour of the Vehicle.
Part 10 - Animals in Public Shows, Exhibitions, Performances or Circuses
10.1 Part 10 Definitions
10.1.1 The following definition is specific to Part 10 of this By-Law:
a) "Prohibited Animal Species" means a Prohibited Animal Species as defined in
Part 7 of this By-Law and listed in Schedule "B" of this By-Law which list may be
revised from time to time; and
b) "Wild or Exotic Animal" means an Animal listed in Schedule "C' of this By-Law
which list may be revised from time to time.
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10.2. Animals in Public Shows, Exhibitions, Performances or Circuses
10.2.1 Subject to Section 10.3 of this By-Law, no Person shall operate or carry on a public
show, exhibition, performance, or circus within the Town of Essex where Wild or
Exotic Animals or Prohibited Animal Species are required to perform for the
amusement or entertainment of an audience.
10.3. Exceptions to Part 10
10.3.1 Nothing contained in this By-Law shall prohibit or restrict the following:
a) Exhibitions or performances in which individuals ride horses, ponies or bovines;
b) Exhibitions or performances involving Dogs, excluding Dog fights;
c) Displays or showing of Animals in agricultural fairs, exhibitions or pet shows,
and including horse pull competitions;
d) Displays or a showing of Animals where:
i) the primary objective of the display or showing of Animals is to
educate the audience;
ii) the Animals used in the display or showing are not expected to
perform acts that are not natural to their species; and
iii) the Animals used in the display or showing are not Prohibited Animal
Species as defined in this By-Law;
e) Horse races or Dog races; or
f) Rodeos.
Part 11 - Animal Feces
11.1. Exception(s) to Part 11
11.1.1 Section 11.2 of this By-Law does not apply to a handler of a Service Animal when the
handler is unable to remove the feces left by such Animal due to a disability as
defined under the Accessibility for Ontarians with Disabilities Act, 2005, or an
impediment where such disability or impediment renders that Person unable to
remove feces left by their Service Animal.
11.1.2 Section 11.2 of this By-Law does not apply to Persons with a disability, as defined
under the Accessibility for Ontarians with Disabilities Act, 2005, where such disability
renders that Person unable to remove feces left by their Animal.
11.2. Requirement to Remove Feces Left by an Animal
11.2.1. Every Owner of an Animal shall immediately remove any feces left by the Animal in
the Town of Essex on:
a) aHighway or Roadway;
b) apublic park;
c) asidewalk;
d) any Public Property other than a public park; or
e) any Private Property other than the property of:
i} the Owner of the Animal;
li) the Person having care, Custody, or control of the Animal; or
By-Law Number 1966 -- Animal Care and Control By-Law Page 21
iii} Private Property, where the owner of a property has provided express
permission to the Owner of the Animal or the Person having care,
Custody, or control of the Animal, that the removal of the Animal feces
is not required.
11.2.2. Every Owner of an Animal shall remove from his or her Premises, in a timely manner,
feces left by an Animal, so as not to disturb the enjoyment, comfort, and
convenience of any Person in the vicinity of the Premises.
11.2.3 The provisions of Sections 11.2.1 and 11.2.2 of this By-Law apply to the Owner of an
Animal regardless of whether or not the Animal was under such Owner's care and
control at the time of a contravention of the provisions of these Sections.
11.2.4 The provisions of Section 11.2.2 shall not apply to Livestock kept for agricultural
purposes where the Livestock are kept on a property in an Agricultural District as
defined by the Town's Zoning By-Law Number 1037, as amended or replaced.
Part 12 - Offence, Penalty and Severability
12.1. Fine for Contravention
12.1.1 Every Person who contravenes any provision of this By-Law is guilty of an offence,
and upon conviction, is liable to a penalty as provided in the Provincial Offences Act.
A.5.0. 1990, c. P.33, as amended from time to time.
12.2 Continuation or Repetition Prohibited by Order
12.2.1. The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition
of the offence by the Person convicted, and such order shall be in addition to any
other penalty imposed on the Person convicted
12.3. Severability of Provisions
12.3.1 If any section, clause, sentence or provision or any part or parts thereof of this By-Law
is declared by any court of competent jurisdiction to be invalid, illegal, or ultra-vires,
such section, clause, sentence or provision or part or parts thereof shall be severable
and shall not affect the validity of any other section, clause, sentence, provision, or
part of this By-Law,
Part 13 - Obstruction, Enforcement and Conflicts
13.1 Obstruction
13.1.1 No Person shall hinder or obstruct or attempt to obstruct any Person having
authority and engaged in the enforcement of this By-Law.
13.2. Enforcement
13.2.1 This By-Law shal! be enforced by a By-Law Enforcement Officer or Animal Control
Officer of the Town of Essex, a Police Officer, or any other Person appointed by
Council to enforce the by-laws of the Town of Essex.
13.3. Conflict with Other By-Laws
13.3.1 If there is a conflict between a provision of this By-Law and a provision of any other
by-law of the Town of Essex, the more restrictive provision shall apply.
By-Law Number 1966 -- Animal Care and Control By-Law Page 22
Part 14 - Repeal and Enactment
14.1 Repeal
14.1.1 By-Law Number 1606 and all amendments thereto are hereby repealed upon the
coming into effect of this By-Law.
14.2. Enactment
14.2.1 This By-Law shail come into full force and effect upon the final passing thereof.
Read a first and a second time and provisionally adopted on Febrsary 21 , 2023.
Vs 7
Mayor
"Clerk =
Read a third time and finally passed on_Yiarch (© __,2023.
eon
Mayor f
Vyrour--
_AAlerk
By-Law Number 1966 - Animal Care and Control By-Law Page 23
Table of Contents for By-Law Number 1966
Part 1 -- Interpretation oc ssssscssccssnsssssssssssessssonssssuerecascsassssssaneceseensarssstssesessssesssstasseseessensssumseessssessssn I
V1 = SOE Title. ecsscsssssssssssssssccssecssessssssseessessssssssssssssestpessutssirasssensnsnarsnnercesscsnnsssssssssenseensesasateneasenesansenanccescecce 1
1.2 -- DeFIMItIOMS.....eesssssssesssssseseessenssseesersenstessusstuesserusuuussrsesusstsnsensanssatonsnserecesseenscenencessnasnensancascassanssasezsoncanenencce T
1.3 -- HEACIINGS.......csssssssssessesssessecossessrceececcsessssrssssssssssvutsuerseseesesssssessssssssssansanstreessstssraeesesseseressesstsacsessessssnnasneseese 4
1.4 = SCHEMUICS .....seccsssstssssssssssssseessessvssscnsssseessssesssoovesssssssssasenccanansnseracsasensanarssunussanansenseseeseasonucynasuananeceseesseee 4
Part 2 - Scope of By-Law... ....ccccesscscsssssssssssssssssesusssesssssssensesvsvevessnssreesecessersestaassansnsasesecsessecsessunaannnsnenccence 5
2.1 -- APPliCation .....sscssesessssserersssssssesssssceceesssnsssssssessesssesesscssesagnssneoustesutrectursesseesesneesevstssestessasassnsansesmaneesese 5
Part 3 - Licencing and Control of Dog5..........cccccccccsssssssssssesssssssssssssssssessessesssssstevesssscsssssereessssessessseesseces 5
3.1 - Requirement to License DOgS......sssssssssecssossssserssesssssessssssesssvseveccacessesssssassssctsssessvesecesssansssseevessscsssse 5
3.2 -- DOG Tags -rrecrsscsssecscsssseeesnsonsnssnssnisnnusvscsectsonseessccecesssssstssnstnsssssssssssusussusssovessessetsersesarsatssssssssyvevueresscascassensnace ©
3.3 --- Requirement to Report Information Related to a Licenced DOG.....ssssssssssuccsssssssssssesessesssee 7
3.4 -- Number Of Dog... sesssssssessssssssssesseeesessessnsanssssssssneeesessssnsansssssaseenerectuasuasonsnesesssersgeerotssesasanssssneeresssegsace 7
3.5 -- Persistent Barking.........ssssssscsssscccccssssssesssssscssssssssovtsssssesssessssssnvectsegsensasssecscresseerssnessasssesssessssssnsnesseseccssee 7
3.6 -- Control of Dogs within the Town of ESS@X .sssssssssvsccessesssssessescsesssesssssessssssssssssussasssseoseoseesccesessssee 7
3.7 -- Dogs in Prohibited Areas wun... ssssssssesssessssssssssesssessesssessenssvssesssnsercccassssevsssesessssneseseessessssasaasevssercensesse B
Part 4 -- Dangerous Dogs... ceccsesssssssossssssssssssssessesssesssssserescessecsessssstssatsstssnsesstesesssssssssssssssassitsnanseseseescce 3
4.1 -- Part 4 DefINItIONS on. ecsssesssenenssesssessesssessesesssssssesesssseeesensseeseatsssersstusssasterassesstestsssttasstassensasenseseee B
4.2 -- EXCEPtions to Part 4... ssssssscsosecssssenuusssssecssssnsessssssssssessensssscsessssescesansesssscssnsesesscsscarasezsesessenecsccsseccee J
4.3 -- Control of Dangerous Dogs .....-ssssssssesssssssssssesessssessessosssserssessecseasssssssersssrasssesarsessssessssasssssessnnsansesssese 9
4.4 -- Declaration Regarding a Dangerous Dog weeseavcsssssssssssssscsscsssssosssessssssssssssssssssssvsssesesscsarsassansasessens 10
4.5 -- Power to Declare & Dog ViICIOUS......sccsssssssssssesseesssseessssssessssstseessenssansessresesstsnsasescetesssssssanssessesesensese TO
4.6 -- Notice to MUZZIC o....ccsccssscssessssssssserssssesssessssssssesessesesssseecascessesssssesessestussqressusveranasseveesseasessaneanennee 10
4.7 - Appeal Hearing with Respect to the Issuance of a Notice to MUZZIC......sccsssssccsssssssececsoneeeee 11
4.8 -- Requirements of Dog Owner -- Notice to MUZZI@ wucsscsccscssscsssssssssssssssssessesessesssesssscsesessssnnsnesnsee 12
4.9 -- Appeal Hearing with Respect to Suspension of a Notice to MUZZIC vscecccccsccsssssssoscssssssessseee 13
Part 5 - Dog Kertnels os cssssssecssssssssssssesssssnstsssssssssscsscessssuunssssnnsasanensensessessesessssrssersstsssuevavasennsnansesesee 14
Part 6 -- Keeping of Pets ..........-cscsssssssassssessseescssotssssessssssssssssnsscisesassssessussssssssvansseeviesseesseeasserssessnsssnee 13
6.1 -- Part 6 Defi mition oo... sssssssssssesssssessssssscescesseessessenensssesssssssssssunassusvosovessoceseesscsesssesstssssssss4sseversereersaesasenesccsee 13
6.2 - Responsibility to Care for Amimalls ....ecsssssssssossssssssssssssssssesssssessessossssesesssssesssessstssesssteststsseseseseegssssence 13
6.3 -- Keeping Animals in Unsanitary Conditions ......sssssssscssssscscssssscscseccsssssssssssssssesssessosecscssssasnsssssees 14
G4 -- TOC... cesessssssessesessessesossssssstseunnnnnnevesetsnsossossssssusssrssssesgseessaasecanensnseseareseqteqearustateseutsesesessesesunstavansenasneesse 14
6.5 -- AMIMals im VENICIOS ..sssssessseeesscccoresssssessssseesessessssnssesesssssssssssssusseossosssesancusvecseesesstssessssssesestatereesasesssanseseee 4
6.6 - Standards of Care for Dogs that Live Outdoors w.csscssssssscsssscssessssessessssssssssssssssssasssessssssssssosensesee 14
By-Law Number 1966 ~ Animal Care and Control By-Law Page 24
Part 7 -- Prohibited Animal Species ....ccccscsscssssssscccccesssssscsssssssssssesasssessessessecesssssssssnsssssssssesecsescccesse V7
7.1 = Part 7 Definitions «0... -secssesssssesssocsesecccssecessosseessssssssnssvstvunsneaeusessssarssettonsssessersssszsstsssasascesseesensessseseesse 17
7.2 -- Prohibited Animal Species o......cccssssssssscssssssesssssssssssnsassevuccssesssrsscscnscceseesssssssssssntassnsnetescessessecceae 18
7.3 -- Registration and Keeping of Prohibited Animal Species ....cccssssssssssssssssssessssssssssssssserseeeccee 18
Part 8 -- LiveStOCK 0... sccscsssssssssssstssnsseseceesesssssesesesneanssssessssssesstggeoneueneeceeessssnsarsestssnonassesetassotssazesssesseseeee 13
8.1 -- Control of Livestock within the Town of ESS@X......scsssscssssssssssesesssssssssessstsesssusssessasessevesscececcsesse, 18
8.2 -- Livestock Deemed to be RUNNING at Large... cccssssssssssessssstessstsssssserststsssssssssnsnssetsnsncssssesecsesesee 19
8.3 -- Liability for Damages... sssssssssscsseseesesnsssssssssssssssssosesasnensesseessesesensesrssasanestesessesssesvasusasensersscseseseese 19
Part 9 - Abandonment or Disposal of Live Animals ..0..-...sscccssccsccssscsssssoccsscssosessescsseecnsssesoseeses 19
9.1 -- Part 9 Definitions 2... ssesensmsssessssssssssssssssssssestosonseneescenseccesansaesssereccesessesuesscssssguesuerencusessceneecceneee 19
9.2 -- SCOPE Of Part 9.....escsssssessssssecensensnsssssessssesssassnsessesssrsseussacascesaseseeseseusseteessatsersssesessesasuaseesasuassmeeceeseseeee 20
9.3 - Abandonment and Disposal of Live Animals and/or Litters Of ANiMal seccccssessssossseccecceoce.20
9.4 -- Responsibilities of Licence Plate OWMer ..cssscsssssssssssssscesssssessssossssesssssesarsersesasesseccessesssssesoscscseeses, 20
9.5 - Reporting the Abandonment or Disposal of Live Animals and/or Litters of Animals....20
Part 10 - Animals in Public Shows, Exhibitions, Performances or CirCuUseS...c.ccccccccccccsssssccce 20
10.1 -- Part 10 Definitions... csecssscssssssessssnsssssvevosssessssssssssssenssrsonssncasszeresssssssstsssssasevesseceesecsetersensnsesssssse 2O
10.2 -- Animals in Public Shows, Exhibitions, Performances Or CirCUSeS ...ccccssscesssssssssssesessecccocsscse21
10.3 -- Exceptions to Part 10... ssssssssssssesssssssssvssssssssssssssssssessessorscersersersssessesesssssnesveserssestastsasssasesseassanseee 21
Part 11 -- Animal Feces.........scsssssascsssssescsesssnssssecsersssesscssnssscussnsssouvneercersussssenssanrasnessesesssssussasessessnnnsase 2]
11.1 -- Exception{s) to Part 11... esscssssssssessssssvsssssssssssssseessecsssunecsersnsrsseessesssssessesssssnessessssesseseecssssescsssesssesce 21
11.2 -- Requirement to Remove Feces Left by an Amimal .uvs.sscsscsssssssccsccssssssssssssssssessecesscsssssssssssssssseee 21
Part 12 -- Offence, Penalty and Severability .............ccccssssssssssssssossssssceecsscsssenssssssesssssssescsecessnesensnse 22
12.1 -- Fine for COntraVENtION .....scesssssssssssssssssssssessensesssecsessessssesscecsesesecersstarserussetstssestyavatsussesmseseeseeeseees 22
12.2 ~ Continuation or Repetition Prohibited by Order ......csssscessssscssssscssssssssssssssssosssecesessssesccscssseee 22
12.3 ~ Severability Of ProviSiONs...cssssssscsseccsssssesssssssssssessesetuuessssssssssscesesessenesnsenasssssssnsesenegesseeausssnnnenees 22
Part 13 ~ Obstruction, Enforcement and Conflicts .....0.....c.ccccscccsccsscssccscsssssssssssssssssssecrsevsnssvensuvssncesee 22
13.1 -- ODSTUCTION ..csssssessssseessssssscrscrscesssssescssnsonsossssssssscssssvusssotsseceneneestserssssnsstsstntsassssassussuessesssssssersersccsessssee 22
13.2 -- Enforcement ...ccscsscsssssssersetssestsensesstssstssnesesssesssssssesssssssesorsonensarsarsesrassssssesssssansasesagcassonenseseneaseaneeseecseeee 22
13.3 -- Conflict with Other By-Laws .........scsssssssssssssssssssssssscssscessersercescereessssssssssssstsssveeveeseveceeanesscesssesssesssee 22
Part 14 -- Repeal and Emactiment ....00.......ccccscscssssssossssssscssssssunsoscessasensessessnsssansssseesssssgnovaaresessnssssssssensseee 23
Schedule "A" -- Licence Fees 00.0.0... ccssssssssssssssssssssessevervevsncssrsssnnarsnecescessnsnsaresesseguessessesessssusseseqreneccncecsueeeeee 26
Schedule "B" - Prohibited Animal Species .u.........ccscssssssscssccscccssssssssssccssssssssessssesssscssesssscssssessosenscccceese 27
Schedule "C" -- Wild or Exotic Amimalls..........ccccssssssssssssssccsessscssssssssssesssesstsseseussssssssoussesssesseesseeeee 28
Schedule "D" -- Part 1 Provincial Offences Act ........cccccccsssssscsscccssscsserscssssessarssssssssssessssesesesesssenseesees 29
By-Law Number 1966 ~ Animal Care and Contro! By-Law Page 25
Schedule "A" to By-Law Number 1966
Licence Fees
2 eS eee
Type of Fee between January 1| between April 1
and March 31 and December 31
'Payable annually on the anniversary date on which the Prohibited Animal Species was first
registered in accordance with this By-Law.
By-Law Number 1966 -- Animal Care and Control By-Law Page 26
Schedule"B" to By-Law Number 1966
Prohibited Animal Species
Canidae, excluding domestic dog Coyotes, wolves, foxes, hybrid wolf dog
Felidae, excluding domestic cat Tigers, leopards, cougars, lion, lynx
Chimpanzees, gorillas, monkeys, lemurs ,
[robosaiee SS *ephome
Crocodylia Alligators, crocodiles, gavials, caiman
All snakes which reach an adult Reticulated python, Burmese python, green
lenath larger than 3 metres anaconda, yellow anaconda, African rock python,
g g Indian python, amethyst python
All lizards which reach an adult
length larger than 2 metres, Crocodile lizard, monitor lizard
measured from snout to tip of tail
'The examples provided are only provided as a guide and shall not be considered to include
all Prohibited Animal Species within an Animal order, class or family.
By-Law Number 1966 - Animal Care and Control By-Law Page 27
Schedule"C" to By-Law Number 1966
Wild or Exotic Animals
The following list of animals constitutes the definition of "Wild or Exotic Animals" for the
Purposes of this By-Law. The list includes all such Animals, whether bred in the wild or in
captivity and also includes all their hybrids. The examples provided are only provided as a
guide and shall not be construed as being an exhaustive list or to otherwise limit the
generality of each group of Animals.
[order cassorFamiy «|S Reamplest
a
Ungulates, except domestic horses, mules, asses, . .
a
fowwop fw
mice, rats, guinea pigs and gerbils
ses
By-Law Number 1966 - Animal Care and Control By-Law Page 28
THE CORPORATION OF THE TOWN OF ESSEX
SCHEDULE "D" TO BY-LAW NUMBER 1966
PART 1 PROVINCIAL OFFENCES ACT
By-Law Number 1966: Being a by-law to regulate, license and control animals within the municipal boundaries of the Town of Essex
ey ae COLUMN Het COLUMN2 COLUMN |
i Short Farm Wording Provision Creating or Defining Offence Set Fine
| 1. [OwnDogwithoutlicenceanddogtag Section td 8125.00
[ 2. [Failure oafixdogtagtoDogsColar--SSCSC~SSCSCSCSCSTCSCSSSCSCSC'"dRSSCSC*SS et 3. SSS~*~YSCS*« CO
| 3._| AffixdogtagtoDogotherthanoneforwhichtagissued Section 28S.
|_4._| Provide falsified evidence that aDogis.a (Service Dog)iPoliceWorkingDogy | Section 3.26 |S STSO.OO CS
[ 5. [Misrepresent aDogasaLivestockGuardianDog SS SSSCS~"~*~S~"~sSSCSC~CS*é'~«S to BSS*~*~*~dS~CS*« SCO _--
|__| Faiture to purchase areplacementdogtag Section F825.
| 8 | Failure tonotify of (movetransfen)ofDog Section 3200.00
| 9% [OwninexcessofthreeDogs Section 8125.00
| 10. [FosterDogformorethan90days Section 3825.
[ 11. [Fostermore than three dogswithoutauthorization ----SSSSC~--~--SCS~S~S~SCSC~C~CSCS~S~CSsSSCSSSC*S*«S tn Bk S~*~r:CS*« SCO
12. [DogOwnerpermittingaDogtoRunatlarge Section Bt |S S200 CS
| 13. [DognotonLeashwhen off Premises oftheOwner Cecio 365 |S S10000 C=C
| 15. | Dogon Splash Pad ection 7520000
[ 16. | Dog Owner permitting Dog to fnjure)attack)(BieXkil) a (Person)idomestic AnimaljWithout Provocation _--~=«t;~=SS*~*~*~S*~s ction AT =C*'"'*C'*d'SC#C«SSOO'™~C~*S
|17._| Failure to Restrain Dangerous DogonOwnersproperty | CSeetion Ta) |= 8250.00
| 18. | Failure to Leash aDangerousDogoffOwnerspropeny LSet ABH | S«8250.00 --C
[ 19. | Dangerous Dog off Owners property on Leash over one andonehallmetesinlength------=S=S~*~"~*~*~sC*"'"'*'SS WOAH --~~S~C~*dtC*« SO
[ 20. | Failure to Muzzle aDangerous Dog off Qwnerspropenty SS SSSSC~*~C~'"~*~*~s*S*S*~*~wCSC*C'"'*'*«S tO ALT DD ----~C*~*~*dtCSC*« SOW
| 21. | Dangerous Dogunderthe control ofPersonlessthan 18yearsofage | Section a Bi | 8250.00 =
[ 23. [Failure to notity of changes in residency of DangerousDog_----SSSS~"~*~'--~*S*S*S*S*SSSSTSTSS Stig atc) --~S*dSC* SO]
By-Law Number 1966 - Animal Care and Control By-Law Page 29
THE CORPORATION OF THE TOWN OF ESSEX
SCHEDULE "D" TO BY-LAW NUMBER 1966
PART 1 PROVINCIAL OFFENCES ACT
By-Law Number 1966: Being a by-law to regulate, license and control animals within the municipal boundaries of the Town of Essex
En ea eey
Short Form Wording Provision Creating of Defining Offence Set Fine
[ 24. | faite to notily of wansferof QwnershipofDangerousDog SS SSCSC~--SSCS~CSC~--~s~s~Ss*~S~iSSSCSCSCSCS tion Be) 825000
| 25._| Failure to notify of (deathyleuthanasia) of DangerousDog SS CdSSCCSCSection wT) ~SCS~C~*d?éC*«s SO
| 26._| Failure by Owner of Dangerous Dog to provide proofofinsurance CSCS ection BQ) ----~=*déC*'SZSOOO |
| 28. | AllowingaDangerous DogtoenteranOffleashArea SS SSSSCS*™~*~'"SC'"'('COC™(W#C*S ection BD _--C=*"'C*YYTC~é'SOSOOO |
[ 29. | Failure to ensure Dangerous Dogis wearingreddogtag SSCS SSS tion a) |S 000 |
|_30. | Failure toensureanAnimalisTreatedHumanely CdSCCSC*C*«éSS atoms G_=S=S~S*~*~*~*~rSC*« OS
| 31._| Failure to provide an Animal with aclean andsanitaryenvironment SS SSSSC*dSCSCSCSC*C*« tion )_--~=*~*"'*'dCSC#*'#S@SOOO |
| 32._| Failure to provide an Animal with awaterproof shelterthat protectsitfromtheelements «| SSCSC*«CS ection 2.16) ----=--~C~=*dtCSC*~*« S|
[-33,_| Failure to provide an Anima with shelter that iSadequate and appropriateforitssie----~--SSSSSCSCS*Y Seton 62.1) 8250.00
|_34._| Failure to provide an Animal with (care)food\watedtveterinarycare) «dT ~SCCSCSC=*SSetion 6.2.0.) ~*~ 25000
[35. [Keep an AnimalinanUnsanitary Condition SSS Seton 3.1 | 880000
| 37. [Animaltethered forlongerthanfourhoursperday SS SSC*dSCtC('"'C;*'*Section«A.IC)----=*~"'"dCSC™~C*S SOLO _+|
| 38. [Tether afdoglessthantheeemetesinlengih SS C™*~"*'"*dCS*'"'C*C*C*S ection' AZ=~=~S~*~*~*~'dtCS*«S TOL
| 39. | Length of tether allows Dag to go beyond thelimisofOwners property SSSS*S*~*~"'iRSSO#*'"'Cection@).--=--=~=~=~*~rt~CS*é' OO +
| 40. | (Choke Colanichoke Chain)Prong Colla) fornspartoftether--SSSSSCSCSC~S~SCS*dSSCSSS Seton 3 | 20000]
|_41._| Animal outside the passenger cabofavehicleandnot appropriately restrained | SSCSCSC*SSeetiomnS.--=SSSS=SS~*dtCSC*«t BOL __--*Y
|_42. | Animal leftunattendedin a vehicle when weather conditionsnotsuitable | SSCSC*C*« ctv B_--=C=*~*~*~*~*«~dCS*«'a_ OO
| a3._| Failure by Owner of Dog Kept Outdoors to provide sulficient protection fromtheelements ss Sid|SSSCSCSC*«SS ection 66.1 a) _----~=~*édt~SC~té 280.00 |
[ 44. | Fature by Owner of Dog Kept Outdoors with accessto suffcientshade SCS Seton 66.1) 5250.00
[ 45. | Faire by Owner of Dog Kept Outdoors to ensure food andl water containers are constructed toaveld injury | Seetion 662 | 325000
[ 46. | Food provided by Owner of Dog Kept Outdoors does not reflect nutritional requirements ------=--==SS~S~*~dSCS*SCS*~« tio 63d 825000]
By-Law Number 1966 ~ Animal Care and Contrat By-Law Page 30
THE CORPORATION OF THE TOWN OF ESSEX
SCHEDULE "D" TO BY-LAW NUMBER 1966
PART 1 PROVINCIAL OFFENCES ACT
By-Law Number 1966: Being a by-law to regulate, license and control animals within the municipal boundaries of the Town of Essex
item | COLUMN 1 _ COLUMN 2 COLUMN
Short Form Wording Provision Creating or Defining Offence Set Fine
| 47._| Food provided by Owner of Dog Kept Outdoors isnot itfor consumption ----~--SsS~C~C~--~*~*~*~CS*~S*«S tO) «~~*S SCO _--|
| 48. | Food provided by OwnerofDogKeptOutdoorsisspolled dC CSection 63) «| =SC«8280.00 CY
|_49._| Food provided by Owner of Dog Kept Outdoors contains (dirtMfeces}(urine)(toxic substances) |S Section 63d) |S. CS
| 50. | Water provided by Owner of Deg Kept Outdoors isnot replacedevery twentyfourhous | Section 64a) | «$250.0 --CS
|_51._| Water provided by Owner ofDogKeptOutdoorsisfrozen ss SC~*«dC*'"'("SC*C#*C#*C#SctHONGGA) | =«82S0.O_--CS|
["52.__| Water provided by Owner of Dag Kept Outdoors contains (ainKfecesNurine)itoxic substances) _----=~=~S=«dtC*~C~*'"~*~*S ection) ~--~S~SCS*dSC*« CO
["53. | Failure by Owner of Dog Kept Outdoors to checkhealthandwelfareofDogdaily ss SSCSC~*~"'*'"~*wtCSCSC*C'"'"'*'*S ctionGHS=~=~*~*~*~'~rtSC*«S SO
|_54. | Failure by Owner of Dog Kept Outdoors toensureDogisgroomed TCS 66 SS«|SC«S250.0 CS
| 55. | Failure by Owner of Dog Kept Outdoors toensure nails of Dogarecheckedregulaly | SsSection 67 |S«S25000 CS
| 56. | Dogkept Outdoors when ithasaseriousiliness orinjury dso BSCS 250.00 CS
[_57.__| Failure by Owner to isolate Dog Kept Outdoors whenit has acontagiousdisease --=--=SS=~*~"*~"'~*~*'~tCS*SC~"C~*~*« to H~S~*~*~*«*dYC*« SOD
| 58. | Failure by Owner of Dog Kept Outdoors to provide sheer thatiswaterproof_--~--=S=~"~*~*~*~*~*~*S*~*~'"~*~sSCSC'"~*'"t*« AION HIB W]~C~C*C*~*~*"d;C*'" SOOO
[59.__| Failure by Owner of Dog Kept Outdoors to provide shelterthatisstructuralysound --=SSC~S~C~S*~sSC*~*S*« vB) _~STSS 8280.00]
|_60._ | Failure by Owner of Dog Kept Outdoors to provide shelter thathasaninsulated roof Teco HIE) | «825000 ~--«
|_61._| Failure by Owner of Dog Kept Outdoors to provide shelter thathas a(leveliielevatedidry)loor Sid SCSection 66.130) | 8250.00 _~--*S
| 62. | Failure by Owner of Dog Kept Outdoors to provide shelterthathas ventilation TSC ct GHABE) --=s=sd'=S=«S2SGO
| 63.__| Failure by Owner of Dag Kept Outdoors to provide shelter thatis of adequate sizeanddesign ----=~=~=~*~*~tC*é'"~*S*'« ection C~*~*"'dé;*«SC*~«RSOOO™~*d
| 64. | Failure by Owner of Dog Kept Outdoors to provide shelter thathasadoorwayfreefromobstructions | SCSection 613g) «| ~--=ss2s000 |
|_65._| Failure by Owner of Dog Kept Outdoors to provide shelter that contains bedding at least three inches thick =| Section 6.6.13h) | --$250.00 '|
[ 66. [Dog Kept Outdoors ina housing pen that does not preventthe Dogtromescaping --SSS*S*dtC*'"'('(C*™#C'SectUONGHLIS ----~=~*C~*~*~*'"d;CS*«S S|
| 68. | Area avaitable to Dog Kept Outdoors not sufficient forDogtomovefreely | SC Section 22a) «| =S«S 250.00 --C
| 69._| Area available o Dog Kept Outdoors does not have distinct ateas for feeding and drinking, urinating and defecating | ----_--'Section 66.22) ~~_~+| $2500
By-Law Number 1966 - Animal Care and Control By-Law Page 31
THE CORPORATION OF THE TOWN OF ESSEX
SCHEDULE "D" TO BY-LAW NUMBER 1966
PART 1 PROVINCIAL OFFENCES ACT
By-Law Number 1966: Being a by-law to regulate, license and control animals within the municipal boundaries of the Town of Essex
COLUMNT =: COLUMN2 COLUMN 3
L Short Form Wording _ Provision Creating or Defining Offence Set Fine
70, | Area available to Dog Kept Outdoors is not cleaned when necessary - Section 6.6.22 d} $250.00
71. | Area available to Dog Kept Outdoors cleaned using cleaning products harmful to Dog Section 6.6.22 d} $250.00
72. | Own, Keep, Harbour, Possess or have Custody of a Prohibited Animal Species : : Section 7.2.1 $300.00
1 73. _ (Sell)(Cause to be Sold) a Proh bited Animal Species is i Section 7.2.1 $500.00 |
1 74 Transfer Ownership of a Prohibited Animal Species = . Section 7.2.1 $500.00 J
t 75 | Transport a Prohibited Animal Species ; Section 7,2.3 $300.00 j
76. it Permit a Prohibited Animal Species to run at large f Section 7.2.4 $500.00 J
77. Owner of Livestock permitting Livestock to run at large _ . Section 8.1.1 $200.00 j
| 78, __ Abandonment or Disposal of (a live Animat)(live Animals)(Litter of Animals) if Section 9.3.1 $500.00
__79 | Operate or carry on a (public show)(exhibition)(performance)(eireus) with Wild or Exotic Animals performing Section 10.2.1 $300.00
80. Operate or carry ona (public show) (exhibition)(performance)(circus} with Prohibited Animal Species performing Ud Section 10.2.1 . - $300.00
81. | Failure to remove feces left by an Animal on (Highway)Roadway) Section 11.2.1 a)
82. | Failure to remove feces left by an Animal on public park - Section 11.2.1 b) | $150.00
83. | Failure to remove feces left by an Animal on sidewalk Section 11.2.1 ¢) $150.00
4. | Failure to remove feces left by an Animal on Public Property other than park Section 11.2.1 d) $150.00
| 3s. | Failure to remove feces left by an Animal on Private Property other than Owner Section 11.2.1 cS] $150.00
86, | Failure to remove feces left by an Animal on Premises of Qwner E F Section 11.2.2 $150.00
Note: The general penalty provision for the offences indication above is Section 12.1.1 of By-Law Number |966, a certified copy of which has been filed.
By-Law Number 1966 = Animal Care and Contro! By-Law Page 32